Chapter 5 - Evidence Flashcards
apology statutes
also called I’m Sorry Laws; laws that render physicians’ apologetic statements to patients inadmissible should that patient subsequently choose to pursue a malpractice claim
best evidence rule
a legal principle that holds an original of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained
relevant evidence
the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not
circumstantial evidence
also called indirect evidence; it is evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove a fact
probative
a term used in law to signify “tending to prove”
fiduciary duty
an acceptance of responsibility to act in the best interests of another person or entity
weight of the evidence
a measure of the importance or credibility of evidence
incident reports
reports that are created when events happen that are inconsistent with a healthcare facility’s routine patient care practices or operations or that are out of the ordinary
legal hold
also known as a preservation order, preservation notice, or litigation hold; a legal order that suspends the destruction of paper or electronic records and that also requires that the party preserve any evidence
peer review
evaluation of scientific, academic, or professional work by others working in the same field
rebut
to claim or prove that (evidence or an accusation) is false
direct evidence
real, tangible, or clear evidence of a fact, happening, or thing that requires no thinking or consideration to prove its existence
documentary evidence
evidence in written form, not oral, such as original records, letters, e-mails, and photographs
hearsay
information received from other people that one cannot adequately substantiate; rumor
hearsay evidence
testimony from a witness under oath who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible (the “hearsay evidence rule”) unless an exception to the hearsay rule applies.
spoliation
the intentional destruction, mutilation, alteration, or concealment of evidence
waiver of privilege
situations when privileged communication is automatically waived, such as when a patient sues for malpractice; the medical records can be released in order for the defendant to defend himself, but there are limits to how much privilege can be waived
demonstrative evidence
also called real or physical evidence; evidence that consists of actual objects, charts, diagrams, maps, videos, pictures, models, illustrations, and other devices that are intended to clarify or prove the facts for the judge and jury
litigation triggers
events that make litigation likely, such as the death of a patient
Federal Rules of Evidence
a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal
obviate
to anticipate and prevent something, such as a situation, or make an action unnecessary
construe
(1) to analyze the arrangement and connection of words in (a sentence or sentence part)
(2) to understand or explain the sense or intention of, usually in a particular way or with respect to a given set of circumstances
vacated judgment
(also known as vacatur relief)
A judgment that makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions.
vacate (law)
cancel or annul (a judgment, contract, or charge)
